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1 KEITH A. JACOBY, Bar No. 150233
kjacobv@littler.com
2 BRADLEY E, SCHWAN, Bar No. 246457
bsch\van@littier.com FILEDINDORSED
3 NATHANIEL H. JENKINS, Bar No. 312067
nienkins@Jittler.com
4 LITTLER MENDELSON, PC. FEB \ 3 2020
500 Capitol Mali, Suite 2000
5 Sacramento, CA 95814
Tdephone: 916.830.7200
6 Fa.\No.: 916.561.0828
7 .attorneys for Defendants Primeritus Financial
Services, Inc., arid Chris McGinness
8
Alejandro P. Gutierrez, SBN 107688
9 agutierrez@.hathawav lawfirm .com
HATHAWAY, PERRETT, WEBSTER, POWERS,
10 CHRISMAN & GUTIERREZ, APC
5450 Telegraph Road, Suite 200
n Ventura. CA 93006-3577
Telephone: (805) 644-7111
12 Facsimile: (805) 644-8296
13 Daniel J. Palay, SBN 159348
dip@calemplovmentcounsel.com
14 Brian D. Hefelfinger, SBN 253054
bdh@calemplovmentcounsel.com
15 PALAY HEFELFINGER, APC
1746 S. Victoria Avenue. Suite 230
16 Ventura, Califomia 93001
Td:(805) 628-8220
17 Fax;(805)765-8600
18 Attorneys for Plaintiff John Boudreau
19 SUPERIOR COURT OF CALIFORNIA
20 COUNTY OF SACRAMENTO
21 JOHN BOUDREAU, an individud, on Case No. 34-2018-00247272
behalf of himself and ali others similarly
22' situated, Assigned to Department 41, Hon. David De Alba
23 Plaintiff, JOINT CASE MANAGEMENT
CONFERENCE STATEMENT
24
Date: February 14,2020
25 PRIMERITUS FINANCIAL SERVICES, Time: 9:30am
INC., A Delaware corporation; CHRIS Dept.: 41
26 McGlNNESS, an individual; and DOES 1
through 10, inclusive. Complaint filed: December 27, 2018
27 FAC filed: Aprin2,2019
Trial Date: Not Set
28 •Defendants.
48i9-52n-3O60,l 087308.1007
JOINT CASE MANAGE.MENT CONFERENCE STATEMENT
1 Plaintiff JOHN BOUDREAU ("Pldntiff) and Defendant PRIMERITUS
2 FINANCIAL SERVICES, INC. ("Defendant") (together, the "Parties") hereby submit the following
3 Joint Case Management Conference Statemeht for the Case Management Conference on February
4 14. 2020 at 9:30 a.m. in Department 41.
5 L STATUS OFTHE CASE
6 Plaintiff filed this Class Action matter on December 27, 2018. Plaintiffs First
7 Amended Complaint (filed April 12, 2019) alleges seven causes of action: (1) Failure to Pay
8 Minimum Wage; (2) Failure to Timely Pay Wages (Waiting Time Penalities); (3) Failure to Provide
9 Rest Periods; (4) Failure tp Provide Meal Periods; (5) Failure to Provide Accurate Wage Statemenls;
10 (6) Violation of the Unfair Competition Law; and (7) Civil Penalifes under PAGA. Defendant seeks
11 to represent himself and other similarly situated employees of Defendant Primeritus.'
12 Defendant contends that Plaintiff was properly paid for all hours worked, and
13 received compliant meal and rest periods, in complaince with the Califomia Labor Code.
14 Accordingly, Plaintiff has not sustained any damages as a result of Defendant's conduct. Plaintiff
15 seeks general and special damages, as well as civil penalties pursuant to the Private Attorneys'
16 General Act (PAGA). Defendant denies liability for all alleged claims,
17 The Parties appeared for an initial Case Management Conference before Judge Tami
18 Bogert in Department 14 on October 25, 2019. During this Conference, the Court set a deadline of
19 February' 28, 2020 for Plaintiff to file a Motion for Class Certification, and set a further Case
20 Management Conference fof Februarj' 14, 2020. On January 15. 2020, this matter was reassigned to
21 Department 41.
22 II. STATUS OF DISCOVERY
23 The Parties have each propounded written discovery, including Requests for
24 Production, Requests for Admission, and Interrogatories. Defendant has taken Plaintiffs deposition
25 (on November 19, 2019), and Plaintiff has taken two depositions of Defendant's Persons Most
26 Knowledgeable (pn August 28, 2019 and November 6.2019).
27
^8 I On February 3,2020, this Court granted Class Certification pursuant to the Parties' stipulation.
4819-5212-3060.1087308.1007 2.
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
1 in. THE PARTIES HAVE STIPULATED TO CLASS CERTICATION, DISMISSAL OF
MCGINNESS, DISMISSAL OF PLAINTIFF'S MEAL BREAK CLAIM, AND TO
2 FILE CROSS MOTIONS FOR SUMMARY ADJUDICATION
3 On or about January 10, 2020, the Parties entered into a stipulation as follows: (1)
4 Plaintiff would dismiss individual Defendant Chris McGinness without prejudice; (2)Plaintiff would
5 not pursue individual or class claims associated with meal periods in this lawsuit [The claims in this
6 case will be limited to the PlaintifTs allegations that Pnmeritus failed to pay for all non-productive
7 time, including rest periods iri compliance with Califomia law, failed to pay the minimum wage, and
g failed to provide lawful wage statements in accordance with California Labor Code §226]; (3) that
9 certain classes would be certified; and (4) that both Parties would file cross-Motions for Summary
10 Adjudication (.MSA).
11 As for the cross-MSAs: the parties believe that the legality as to how Defendant
12 Primeritus paid Plaintiff and. the putative class is at issue. The parties have conducted substantial
13 discovery and believe that the underlying facts as to how each employee was paid are largely not in
14 dispute. The parties wish to have the legality of the manner in which class members were paid be
]5 determined by a motion for summary adjudication. However, the parties recognize that such a
16 determination might not dispose of the entire cause of action, as Plaintiff is claiming additional
17 violations including PAGA penalties and associated damages.
18 On or about January 31, 2020, this Court granted Parties' [Proposed] Order
19 dismissing McGinness and the PlaintilT s Fourth Cause of Action (meal period claim) and issued the
20 following scheduling order regarding the cross-MSAs: the Motions will be filed on April 15, 2020,
21 with oppositions due oh May 15, 2020, and replies due June 5, 2020. The Motions will be filed in
22 Department 54, and a hearirig has been scheduled for June 22, 2020 at 9:00 a.m. (See Docket No.
23 55). -
24 On or about February 3, 2020, this Court granted Class Certificiatidn pursuant to the
25 Parties' Stipulation mentioned above. (See Docket No. 56). The following class was certified: ".All
26 non-exempt current and former employees of Defendant Primeritus Financial Services, liic. who
27 were employed by Primeritus in Califomia during the Class period [December 27, 2014 to August
28 10, 2019] who held the position of Investigator (aka Skip Tracer)." Defendant is ih the process of
4,SI9-52i:-3060.l 087308.1007 3.
JOINT CASE .MANAGEMENT CONFERENCE STATEMENT
providing the Contact Information of the class members to the Parties' selected Claims
2 Administrator, after which. Notice will be mailed to members of the Class.
3 IV. ALTERNATIVE DISPUTE RESOLUTION
4 On December 13, 2019, the Parties participated in privatie mediation with mediator
5 David Phillips, Esq. The mediation was unsuccessful.
6 V, SUGGESTIONS FOR CASE MANANAGEMENT
7 The Parties believe it is premature to discuss trial-related matters given the Parties'
8 pending cross-Motions for Summary Adjudication. The Parties suggest that the Court set a further
9 Case Management Conference for shortly after the Parties' June 22, 2020 hearing in Department 54,
10 and set trial dates at that time. As of now, the Parties anticipate a trial length of 6-8 days.
11
Dated: February 13,2020 LITTLER MENDELSON. P.C.
12
13
14 By:
Keith'A. Jacoby, Esq.
15 Bradley E. Schwan, Esq.
Nathaniel H. Jenkins, Esq.
16
Attomeys for Defendants
17 PRIMERITUS FINANCIAL SERVICES,
INC., AND CHRIS MCGINNESS
18
19
Dated: February 13,2020 HATHAWAY, PERRETT, WEBSTER,
20 POWERS, CHRISMAN & GUTIERREZ,
APC
21
PALAY HEFELFINGER, APC
22
23
24 jtierrez,
25 Daniel J. Palay, Esq.
Brian D. Hefelfinger, Esq
26 Attorneys for Plaintiff
JOHN BOUDREAU
27
28
4819-5212-3060.1 087308.1007
JOINT CASE MANAGEMENT CONFERENCE STATEMENT
GiVlL DROP BOX
m FEB i 3 PH 2U !
viORSC COURTViOUSE
SliPilBiOR COURT
Oi" CALiFORNiA
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1 KEITH A. JACOBY, Bar No. 150233 kjacobv@littler.com 2 BRADLEY E, SCHWAN, Bar No. 246457 bsch\van@littier.com FILEDINDORSED 3 NATHANIEL H. JENKINS, Bar No. 312067 nienkins@Jittler.com 4 LITTLER MENDELSON, PC. FEB \ 3 2020 500 Capitol Mali, Suite 2000 5 Sacramento, CA 95814 Tdephone: 916.830.7200 6 Fa.\No.: 916.561.0828 7 .attorneys for Defendants Primeritus Financial Services, Inc., arid Chris McGinness 8 Alejandro P. Gutierrez, SBN 107688 9 agutierrez@.hathawav lawfirm .com HATHAWAY, PERRETT, WEBSTER, POWERS, 10 CHRISMAN & GUTIERREZ, APC 5450 Telegraph Road, Suite 200 n Ventura. CA 93006-3577 Telephone: (805) 644-7111 12 Facsimile: (805) 644-8296 13 Daniel J. Palay, SBN 159348 dip@calemplovmentcounsel.com 14 Brian D. Hefelfinger, SBN 253054 bdh@calemplovmentcounsel.com 15 PALAY HEFELFINGER, APC 1746 S. Victoria Avenue. Suite 230 16 Ventura, Califomia 93001 Td:(805) 628-8220 17 Fax;(805)765-8600 18 Attorneys for Plaintiff John Boudreau 19 SUPERIOR COURT OF CALIFORNIA 20 COUNTY OF SACRAMENTO 21 JOHN BOUDREAU, an individud, on Case No. 34-2018-00247272 behalf of himself and ali others similarly 22' situated, Assigned to Department 41, Hon. David De Alba 23 Plaintiff, JOINT CASE MANAGEMENT CONFERENCE STATEMENT 24 Date: February 14,2020 25 PRIMERITUS FINANCIAL SERVICES, Time: 9:30am INC., A Delaware corporation; CHRIS Dept.: 41 26 McGlNNESS, an individual; and DOES 1 through 10, inclusive. Complaint filed: December 27, 2018 27 FAC filed: Aprin2,2019 Trial Date: Not Set 28 •Defendants. 48i9-52n-3O60,l 087308.1007 JOINT CASE MANAGE.MENT CONFERENCE STATEMENT 1 Plaintiff JOHN BOUDREAU ("Pldntiff) and Defendant PRIMERITUS 2 FINANCIAL SERVICES, INC. ("Defendant") (together, the "Parties") hereby submit the following 3 Joint Case Management Conference Statemeht for the Case Management Conference on February 4 14. 2020 at 9:30 a.m. in Department 41. 5 L STATUS OFTHE CASE 6 Plaintiff filed this Class Action matter on December 27, 2018. Plaintiffs First 7 Amended Complaint (filed April 12, 2019) alleges seven causes of action: (1) Failure to Pay 8 Minimum Wage; (2) Failure to Timely Pay Wages (Waiting Time Penalities); (3) Failure to Provide 9 Rest Periods; (4) Failure tp Provide Meal Periods; (5) Failure to Provide Accurate Wage Statemenls; 10 (6) Violation of the Unfair Competition Law; and (7) Civil Penalifes under PAGA. Defendant seeks 11 to represent himself and other similarly situated employees of Defendant Primeritus.' 12 Defendant contends that Plaintiff was properly paid for all hours worked, and 13 received compliant meal and rest periods, in complaince with the Califomia Labor Code. 14 Accordingly, Plaintiff has not sustained any damages as a result of Defendant's conduct. Plaintiff 15 seeks general and special damages, as well as civil penalties pursuant to the Private Attorneys' 16 General Act (PAGA). Defendant denies liability for all alleged claims, 17 The Parties appeared for an initial Case Management Conference before Judge Tami 18 Bogert in Department 14 on October 25, 2019. During this Conference, the Court set a deadline of 19 February' 28, 2020 for Plaintiff to file a Motion for Class Certification, and set a further Case 20 Management Conference fof Februarj' 14, 2020. On January 15. 2020, this matter was reassigned to 21 Department 41. 22 II. STATUS OF DISCOVERY 23 The Parties have each propounded written discovery, including Requests for 24 Production, Requests for Admission, and Interrogatories. Defendant has taken Plaintiffs deposition 25 (on November 19, 2019), and Plaintiff has taken two depositions of Defendant's Persons Most 26 Knowledgeable (pn August 28, 2019 and November 6.2019). 27 ^8 I On February 3,2020, this Court granted Class Certification pursuant to the Parties' stipulation. 4819-5212-3060.1087308.1007 2. JOINT CASE MANAGEMENT CONFERENCE STATEMENT 1 in. THE PARTIES HAVE STIPULATED TO CLASS CERTICATION, DISMISSAL OF MCGINNESS, DISMISSAL OF PLAINTIFF'S MEAL BREAK CLAIM, AND TO 2 FILE CROSS MOTIONS FOR SUMMARY ADJUDICATION 3 On or about January 10, 2020, the Parties entered into a stipulation as follows: (1) 4 Plaintiff would dismiss individual Defendant Chris McGinness without prejudice; (2)Plaintiff would 5 not pursue individual or class claims associated with meal periods in this lawsuit [The claims in this 6 case will be limited to the PlaintifTs allegations that Pnmeritus failed to pay for all non-productive 7 time, including rest periods iri compliance with Califomia law, failed to pay the minimum wage, and g failed to provide lawful wage statements in accordance with California Labor Code §226]; (3) that 9 certain classes would be certified; and (4) that both Parties would file cross-Motions for Summary 10 Adjudication (.MSA). 11 As for the cross-MSAs: the parties believe that the legality as to how Defendant 12 Primeritus paid Plaintiff and. the putative class is at issue. The parties have conducted substantial 13 discovery and believe that the underlying facts as to how each employee was paid are largely not in 14 dispute. The parties wish to have the legality of the manner in which class members were paid be ]5 determined by a motion for summary adjudication. However, the parties recognize that such a 16 determination might not dispose of the entire cause of action, as Plaintiff is claiming additional 17 violations including PAGA penalties and associated damages. 18 On or about January 31, 2020, this Court granted Parties' [Proposed] Order 19 dismissing McGinness and the PlaintilT s Fourth Cause of Action (meal period claim) and issued the 20 following scheduling order regarding the cross-MSAs: the Motions will be filed on April 15, 2020, 21 with oppositions due oh May 15, 2020, and replies due June 5, 2020. The Motions will be filed in 22 Department 54, and a hearirig has been scheduled for June 22, 2020 at 9:00 a.m. (See Docket No. 23 55). - 24 On or about February 3, 2020, this Court granted Class Certificiatidn pursuant to the 25 Parties' Stipulation mentioned above. (See Docket No. 56). The following class was certified: ".All 26 non-exempt current and former employees of Defendant Primeritus Financial Services, liic. who 27 were employed by Primeritus in Califomia during the Class period [December 27, 2014 to August 28 10, 2019] who held the position of Investigator (aka Skip Tracer)." Defendant is ih the process of 4,SI9-52i:-3060.l 087308.1007 3. JOINT CASE .MANAGEMENT CONFERENCE STATEMENT providing the Contact Information of the class members to the Parties' selected Claims 2 Administrator, after which. Notice will be mailed to members of the Class. 3 IV. ALTERNATIVE DISPUTE RESOLUTION 4 On December 13, 2019, the Parties participated in privatie mediation with mediator 5 David Phillips, Esq. The mediation was unsuccessful. 6 V, SUGGESTIONS FOR CASE MANANAGEMENT 7 The Parties believe it is premature to discuss trial-related matters given the Parties' 8 pending cross-Motions for Summary Adjudication. The Parties suggest that the Court set a further 9 Case Management Conference for shortly after the Parties' June 22, 2020 hearing in Department 54, 10 and set trial dates at that time. As of now, the Parties anticipate a trial length of 6-8 days. 11 Dated: February 13,2020 LITTLER MENDELSON. P.C. 12 13 14 By: Keith'A. Jacoby, Esq. 15 Bradley E. Schwan, Esq. Nathaniel H. Jenkins, Esq. 16 Attomeys for Defendants 17 PRIMERITUS FINANCIAL SERVICES, INC., AND CHRIS MCGINNESS 18 19 Dated: February 13,2020 HATHAWAY, PERRETT, WEBSTER, 20 POWERS, CHRISMAN & GUTIERREZ, APC 21 PALAY HEFELFINGER, APC 22 23 24 jtierrez, 25 Daniel J. Palay, Esq. Brian D. Hefelfinger, Esq 26 Attorneys for Plaintiff JOHN BOUDREAU 27 28 4819-5212-3060.1 087308.1007 JOINT CASE MANAGEMENT CONFERENCE STATEMENT GiVlL DROP BOX m FEB i 3 PH 2U ! viORSC COURTViOUSE SliPilBiOR COURT Oi" CALiFORNiA